Bill Text: WV HB4311 | 2022 | Regular Session | Comm Sub
Bill Title: Creating criminal penalties for illegal voting activity
Spectrum: Partisan Bill (Republican 11-0)
Status: (Passed) 2022-04-19 - Chapter 115, Acts, Regular Session, 2022 [HB4311 Detail]
Download: West_Virginia-2022-HB4311-Comm_Sub.html
WEST virginia legislature
2022 regular session
Committee Substitute
for
House Bill 4311
By Delegates Holstein, Bridges, Pritt, Kimble, Pack, Summers, Tully, Conley, G. Ward, Barnhart, and Keaton
[Introduced January 21, 2022; referred to the Committee on the Judiciary]
A BILL to amend and reenact §3-9-17 of the Code of West Virginia, 1931, as amended, prohibiting knowingly and willfully voting more than once in any election, whether held in West Virginia or between West Virginia and another state, and making such violations a felony offense; making it a felony offense to vote or attempt to vote when not legally entitled to do so; making it a felony offense to procure or attempt to procure the acceptance of illegal votes or the rejection of legal votes; and making it a felony offense to alter ballots, or deceive voters.
Be it enacted by the Legislature of West Virginia:
ARTICLE 7. CONTESTED ELECTIONS.
§3-9-17. Illegal voting; deceiving voters; penalties.
(a) Any person who knowingly and willfully votes or attempts to vote more than once at the same election held in this state; in more than one county in this state at the same or equivalent election; or, in this state and another state or territory at the same or equivalent election, irrespective of different offices, questions, or candidates on the ballot, shall be guilty of a felony and, on conviction thereof, shall be imprisoned for not less than one year but not more than ten years, or fined not more than $10,000, or both, in the discretion of the court.
(b) If any person knowingly and willfully
(1) votes;
(2) attempts to vote, when not legally entitled; or
votes more than once in the same election; or knowingly votes or attempts to
vote more than one ballot for the same office, or on the same question or
(3) procures, or assists in procuring, either
(A) an illegal vote to be admitted, or received, at an election, knowing the same to be illegal; or
(B) a legal vote to be rejected, knowing the same to be legal;
then that person shall be guilty of a felony and, on conviction thereof, shall be imprisoned for not less than one year but not more than ten years, or fined not more than $10,000, or both, in the discretion of the court.
(c) or, If any person, knowingly
and willfully, with intent to deceive,
alters the ballot of a voter by marking out the name of any person for whom
such voter desires to vote; or, with like intent, writes the name of any person
on such ballot other than those directed by the voter; or with like intent, makes
any alteration thereof, whether such ballot be voted or not; or defrauds any
voter at any election, by deceiving and causing him to vote for a different
person for any office than he intended or desired to vote for, he shall be
guilty of a misdemeanor, and, on conviction thereof, shall for each offense be
fined not more than $1,000 or confined in the county jail for not more than one
year, or both, in the discretion of the court shall be guilty of a
felony and, on conviction thereof, shall be imprisoned for not less than one
year but not more than ten years, or fined not more than $10,000, or both, in
the discretion of the court.
NOTE: The purpose of this bill is to prohibit voting more than once in any election, whether held in West Virginia or between West Virginia and another state and making such violations a felony offense; making it a felony offense to vote when not legally entitled to do so; and making it a felony offense to reject valid votes, alter ballots, or deceive voters.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
